The Justice Department has announced that Tyson Foods Inc. has been sentenced in U.S. District Court in Arkansas to pay the maximum fine for willfully violating worker safety regulations that led to a worker’s death in its River Valley Animal Foods (RVAF) plant in Texarkana, Arkansas. The court ordered Tyson Food to pay the $500,000 maximum criminal fine as well as serving one year probation.
According to the court documents filed in the case, Tyson operated several RVAF plants that recycled poultry products into protein and fats for the animal food industry. As part of the rendering process in four of the plants, the company used high-pressure steam processors called hydrolyzers to convert the poultry feather into feather meal.
Decomposition of biological material such as poultry feathers produces hydrogen sulfide gas, an acute-acting toxic substance. Employees at the Tyson facilities often were exposed to the toxic gas when working on or near the hydrolyzers, which required frequent adjustment and replacement.
As of October 2003, corporate safety and regional management were aware that hydrogen sulfide gas was present in the RVAF facilities and three of the four facilities with hydrolizers had taken measures to protect employees from hydrogen sulfide gas near the hydrolyzers. However, Tyson Foods did not take sufficient steps to implement controls or protective equipment to reduce exposure within prescribed limits or provide effective training to employees on hydrogen sulfide gas at the Texarkana facility despite an identical exposure, resulting in hydrogen sulfide poisoning of an RVAF Texarkana employee in March 2002.
As a result, at approximately 1 a.m. on October 10, 2003, RVAF maintenance employee Jason Kelley was overcome with hydrogen sulfide gas while repairing a leak from a hydrolyzer and later died. Another employee and two emergency responders were hospitalized due to exposure during the rescue attempt. Two other employees were also treated at the scene.
“Federal laws require employers to undertake steps that limit exposure to dangerous substances like the gas that killed Jason Kelley. Today, Tyson Foods is paying the maximum fine for failing to abide by these laws,” said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The Justice Department takes its enforcement responsibility seriously and companies that ignore these laws and risk their employees’ lives will be prosecuted.”
The Occupational Safety and Health Act (OSHA) requires that employers furnish places of employment free from recognized hazards that are likely to cause death or serious physical harm to employees. This includes taking steps to ensure that employee exposure to dangerous substances such as hydrogen sulfide gas remains within prescribed limits.
The investigation was conducted by the Department of Labor and prosecuted by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the Western District of Arkansas under the Environmental Crimes Section’s worker endangerment initiative.
OSHA to Evaluate Problems in Voluntary Protection Programs
OSHA announced that it will address problems identified in its Voluntary Protection Programs (VPP) in response to a new Government Accountability Office (GAO) report titled, “OSHA’s Voluntary Protection Programs: Improved Oversight and Controls Would Better Ensure Program Quality.” The report recommends improved oversight and additional controls to ensure that participating companies maintain effective workplace safety and health management systems.
OSHA has also announced that it will conduct a comprehensive evaluation of its VPP and Alliance Program to determine how the agency should best allocate its resources among cooperative programs, enforcement, and the agency’s other activities.
Acting Assistant Secretary of Labor for OSHA Jordan Barab said he agrees with recommendations made in the GAO report. GAO’s analysis recommended that OSHA strengthen the program’s oversight activity, documentation, and other aspects of program operations and impact to ensure consistency and adherence to existing OSHA policies and procedures. VPP participation encompasses more than 2,200 worksites covering more than 800,000 workers.
“We will thoroughly review the VPP and Alliance Program to determine their effectiveness as well as review the programs’ roles in helping the agency promote the safety and health of America’s workers,” said Barab.
Barab noted that OSHA had not adequately addressed the findings of the GAO’s 2004 report titled, “OSHA’s Voluntary Compliance Strategies Show Promising Results, But Should Be Fully Evaluated Before They Are Expanded.”
“The report noted that OSHA had not fully evaluated the effectiveness of its cooperative programs and was therefore ‘limited in its ability to make a sound decision about how best to allocate its resources,’” said Barab. “Our evaluation of these programs in the context of OSHA’s limited resources will help ensure that OSHA will be able to reprioritize these resources in the most effective manner.”
To address the most recent GAO report’s findings and recommendations about the VPP, OSHA will review and address problems including program management and oversight policies and procedures; documentation policy for actions taken in response to fatalities and serious injuries at VPP sites; and goals and performance measures for the VPP and internal OSHA controls that ensure consistent compliance with VPP policies by the agency’s regional offices.
OSHA Orders Railroad to Pay $300,000 Under Whistleblower Protection Law
Whistleblower investigations by OSHA have found that the Metro North Commuter Railroad Co. retaliated against four employees who reported work-related injuries. OSHA has ordered the railroad, which provides commuter rail service in New York, New Jersey, and Connecticut, to take corrective actions and pay back wages, fees, and a total of $300,000 in punitive damages.
“Railroad employees have the right to report occupational injuries and illnesses without fear that doing so will negatively affect their jobs, their health or their income,” said Jordan Barab, acting U.S. assistant secretary of labor for safety and health. “Retaliating against employees for exercising this basic, legally protected workplace right is unacceptable.”
The employees, who sustained on-the-job injuries in 2007 and 2008, filed whistleblower complaints with OSHA alleging that the railroad disciplined them for reporting their injuries, interfered with their medical treatment plans and/or reclassified injuries from occupational to non-occupational. OSHA’s investigations, conducted under the whistleblower provisions of the Federal Rail Safety Act (FRSA), found merit to the complaints.
As a result of its findings, OSHA has ordered Metro North to take corrective actions including expunging disciplinary actions and references to them from various records; compensating the workers for lost wages or out-of-pocket medical expenses and attorneys’ fees; amending its attendance policy so that work-related sick leave not be considered when assessing unsatisfactory attendance or transfer or promotion requests; ensuring that reporting occupational illnesses or injuries does not disqualify employees from transfers or promotions; and paying each complainant $75,000 in punitive damages. The railroad must also post and provide its employees with information on their FRSA whistleblower rights.
Metro North and the complainants have 30 days from receipt of the findings to file an appeal with the Labor Department’s Office of Administrative Law Judges. Under the FRSA, employees of a railroad carrier and its contractors and subcontractors are protected against retaliation for reporting on-the-job injuries as well as reporting certain safety and security violations and cooperating with investigations by OSHA and other regulatory agencies.
Note: The Labor Department does not release names of employees involved in whistleblower complaints.
OSHA Cites Louisiana-based Employers $112,000 for Alleged Asbestos Violations
OSHA has cited Louisiana Health Care Consultants LLC, Dean Building Holdings, and Bob Dean Enterprises Inc. jointly for three alleged willful and 10 alleged serious violations of federal health and safety regulations. The proposed penalties total $112,000.
“These companies failed to follow OSHA’s standards for asbestos-related projects in the construction industry,” said Dean McDaniel, the agency’s regional administrator in Dallas. “Employers must be committed to keeping the workplace safe and healthful to prevent injuries, illnesses and fatalities.”
The willful violations were issued for failing to provide a competent person to supervise the removal of a ceiling that contained asbestos, to provide the required respiratory equipment, and to inform workers that the worksite contained asbestos. OSHA defines a willful violation as one committed with an intentional disregard of, or plain indifference to, the requirements of the Occupational Safety and Health Act.
Serious violations included failing to monitor for asbestos materials, to utilize engineering controls to determine and minimize employee exposure to asbestos, to provide and ensure the use of personal protective equipment, to properly manage contaminated clothing and asbestos containing waste and to train employees engaged in the removal of asbestos. Serious violations are issued when there is a substantial probability that death or serious injury and/or illness could occur from a hazard about which the employer knew or should have known.
Louisiana Health Care Consultants specializes in the management and maintenance of nursing homes. Bob Dean Enterprises manages commercial and residential properties. The two companies each employ about 10 workers in Baton Rouge. The citations stemmed from work being performed at the State National Life Building in downtown Baton Rouge, which is owned by Dean Building Holdings and managed by Bob Dean Enterprises.
The companies have 15 working days from receipt of the citations to comply, request an informal conference with OSHA’s Baton Rouge area director or contest the citations and penalties before the independent Occupational Safety and Health Review Commission.
OSHA Fines Linen Service $47,600 for 21 Safety and Health Hazards
OSHA has cited Morgan Linen Service Inc. of Menands, New York, for 21 alleged safety and health violations at its 145 Broadway plant. The linen textile rental service faces $47,600 in proposed fines following a programmed OSHA inspection initiated in February.
“These citations encompass a cross-section of fall protection, flammable, confined space, lockout, and bloodborne pathogen hazards as well as inadequate personal protective equipment and hazard communication training,” said Edward Jerome, OSHA’s area director in Albany. “These conditions must be addressed promptly and effectively so workers are not exposed to potentially fatal asphyxia and amputation hazards.”
Some conditions identified by OSHA include platforms more than 4 feet high not properly guarded with standard railings, an unguarded floor opening, an improperly secured ladder, inadequate evaluation and posting of permit required confined spaces, lack of an effective and implemented permit required confined space entry program, lack of specific energy control procedures, non-functioning eye wash stations, inadequate personal protective equipment, and lack of training for bloodborne pathogens and chemical hazards.
These conditions resulted in the issuance of 20 serious citations with $46,900 in proposed fines. OSHA also has issued the company one other-than-serious citation, with $700 in proposed fines, for inadequate injury and illness recordkeeping.
“One of the best means of preventing serious workplace hazards is to establish an effective safety and health management system through which management and employees work together to actively identify, analyze and eliminate work-related hazards,” said Jerome.
OSHA Launches Regional Program to Reduce Workplace Lead Exposure
The OSHA office in Kansas City has announced a special regional emphasis program aimed at reducing occupational exposure to lead, one of the leading causes of workplace illnesses, for workplaces under OSHA’s jurisdiction in the Midwestern states of Iowa, Kansas, Missouri, and Nebraska.
The potential for lead exposure depends on the industry, but generally speaking, lead is an ingredient in thousands of products widely used, including lead-based paints, lead solder, electrical fittings and conduits, tank linings, and plumbing fixtures.
Some common operations that can generate lead dust and fumes include demolition operations; flame-torch cutting; welding; use of heat guns, sanders, scrapers, or grinders to remove lead paint; and abrasive blasting of steel structures.
“Occupational exposure to lead continues to be one of the most prevalent overexposures found throughout industry,” said Charles E. Adkins, OSHA’s regional administrator in Kansas City. “It is imperative we do all we can to reduce that exposure to workers. This special regional emphasis program will serve to amplify OSHA’s commitment to ensuring the safety and health of workers in all occupations.”
This program will set targeted inspections in industries or workplaces where there is a potential for lead exposure, and also will cover complaints and referrals regarding lead exposure.
Lead is a potent, systemic poison that serves no known useful function once absorbed by the body. It is well-documented that lead adversely affects numerous body systems—including damage to blood-forming, nervous, urinary, and reproductive systems—and causes forms of health impairment and disease that can arise from acute or chronic exposure.
H1N1 to Highlight Meeting of Federal Advisory Council on Occupational Safety and Health
Among the issues for discussion is OSHA outreach and education efforts related to the Influenza A (H1N1) virus.
The committee will meet from 1:30 p.m. to 5 p.m., in Room C-5521, Conference Room 4, Frances Perkins Building, 200 Constitution Ave., N.W., Washington, D.C., 20210.
Additional agenda topics include the following:
- Update on the Federal Agency Targeting Inspection Program;
- Fiscal 2009 performance status of federal agencies in meeting the four goals of the Presidential Safety, Health and Return-to-Employment (SHARE) Initiative;
- Progress on the federal agency injury and illness recordkeeping data collection effort;
- OSHA and the American Recovery and Reinvestment Act of 2009; and
- OSHA international coverage of executive branch federal civilian employees.
The committee advises the Secretary of Labor on occupational safety and health issues related to federal employees, including advice on how to reduce the number of injuries and illnesses within the federal workforce. FACOSH members also recommend methods for establishing and maintaining effective occupational safety and health programs in each federal department and agency.
Individuals who need special accommodations should contact Ms. Veneta Chatmon, OSHA Office of Communications, at 202-693-1999.
Indiana Launches Teen Summer Worker Safety Campaign
Indiana Department of Labor (IDOL) has launched a Teen Worker Summer Safety Campaign. The campaign, aimed at educating and informing Hoosier employers, teens, and parents on occupational safety and health hazards and Indiana’s Child Labor laws includes a series of informative bi-weekly press releases. Teen work permits and work hour restrictions are the first two topics covered in the series.
Indiana Child Labor laws regulate the employment of minors ages 17 and younger. These laws, enforced by the IDOL's Bureau of Child Labor, establish specific requirements applicable to the employment of minors, including restrictions on the hours teenagers are permitted to work, types of establishments in which minors are prohibited from working, and the types of jobs they are prohibited from performing.
Work Permits
Indiana Child Labor laws require that prior to beginning employment, minors obtain a work permit. The work permit requirement applies to minors, including those who are:
- Enrolled in a public or private school,
- Home-school students,
- Out-of-State residents seeking employment in Indiana,
- No longer enrolled in school, or
- Married
Work permits are not required to employ teens that have graduated from high school or have received a General Education Development (GED) diploma. A minor whose school attendance is not in good standing or whose academic performance does not meet the school corporation’s standard may be denied a work permit. Minors may have more than one active work permit; however, the total hours worked by the minor may not exceed the daily and weekly hour limits.
Work Hours
On school days, 14 and 15 year-olds may not exceed three hours of work per day, may not work later than 7 p.m. (9 p.m., June 1–Labor Day). They also may not work more than 18 hours per week and may not work between the hours of 7:30 a.m.–3:30 p.m. on school days. For 16 and 17 year-olds, Indiana law allows for extended work hours with written consent from a parent or legal guardian.
Frito-Lay Receives Volunteer Star Safety Award
Tennessee Department of Labor & Workforce Development Commissioner James Neeley announced that Frito-Lay in Fayetteville, Tennessee, was chosen to receive the Volunteer STAR (Safety Through Accountability and Recognition) award.
“Frito-Lay has met the evaluation standards required to receive this award by proving their ability to uphold an excellent safety record,” said Bob Henningsen, Deputy Commissioner of the Tennessee Department of Labor & Workforce Development, who presented the Volunteer STAR award to the company. “It is evident that Frito-Lay is extremely dedicated to maintaining a safe and healthy workplace.”
The Volunteer STAR award is the state’s highest honor for workplace safety and health and a nationally recognized program. The Volunteer STAR is patterned after the OSHA Voluntary Protection Program (VPP) and recognizes the best of the best in the area of safety and health programming and performance.
Frito-Lay in Fayetteville is one of the company’s 46 manufacturing sites across the country. The site employs 447 associates in the manufacturing of “core brand” snacks including products such as Lays and Ruffles brand potato chips, Fritos and Doritos brand corn chips, and Muchos and Cheetos baked products.
Oregon Construction Company Recognized for Safety Achievement
Oregon OSHA welcomes Adroit Construction Company, Inc. into the Safety and Health Achievement Recognition Program (SHARP). SHARP provides an incentive for Oregon employers to work with their employees to find and correct hazards, develop and implement effective safety and health programs, and to continuously improve. The ultimate goal of SHARP is to encourage employers to become self-sufficient in managing workplace safety and health issues. Currently, 70 employer locations in Oregon participate in SHARP, in addition to 84 facilities that have graduated from the program. Employing 88 people, Adroit builds medical centers, libraries, schools, recreational facilities, churches, office buildings, airplane hangars, mini warehouses, and more. The Ashland-based company has a focus on building simple and complex structures that meet aesthetic and functional requirements.
“When we heard about the SHARP program, we knew this was perfect for us,” said Jeff Smith, Adroit’s safety director. “The two years of work it took for us to become SHARP certified is only the beginning. The program has helped reshape our safety culture and enabled us to achieve a greater level of excellence.” Participation in SHARP doesn’t eliminate regulatory enforcement, although SHARP participants do receive a limited exemption from programmed inspections. Employees retain all workplace safety and health rights contained in the Oregon Safe Employment Act. Oregon employers that have been in business for more than one year are eligible to apply for SHARP regardless of size or type of business.
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